Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark-Temporary injunc-tion - Granted on basis of undisputed facts and material - Exercise of discretion exer-cised by trial Court neither arbitrary nor perverse - Defendants having obtained a registration of trade mark is not sufficient to render the suit as not maintainable - Held, conclusion reached by trial Court..........
Evidence Act, 1872, Section 115 -- Estoppel - Plaintiff allowed the defendant to continue with the construction despite his knowledge - He is estopped by his own act and conduct from filing the suit for injunction against the defendant...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit for injunction - Amendment of plaint seeking relief of damages in lieu of or in addition to injunction - Such alternative relief not specifically claimed, can be permitted to be claimed at any stage of proceedings - Bar of limitation not attracted - Amendment allowed...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Proviso - Exparte injunction - Conditions laid down in proviso - Mandatory - Non compliance with the same entails vacation of injunction granted - Documents mentioned in proviso be served personally or by registered post on other side - Registered cover sent to defendant not containing all the said documents - Injunction..........
Specific Relief Act, 1963, Section 37, 38, 41(a), (b), (h) -- Public property - Grant of injunction - Possession of public property by an individual or group of individuals is no possession in the eye of law - Such person cannot claim any right on the public property on the basis of his unlawful occupation - In addition to other ingredients for grant of injunction Court..........
Public street -- Encroachment - Plaintiff not entitled to injunction against the Panchayat from proceeding under the Panchayat Raj Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Can be granted against a partner of firm if he infringes right of firm by using its trade name for doing the same business carried on by him by reconstituting another firm with some other partners and thus violating its rights under Copyright Act, 1957 and Trade and Merchandise Marks Act, 1958...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit filed for mandatory injunction - Amendment sought seeking relief of declaration also - Amendment can be allowed at any stage of proceedings even if it is barred by limitation if it is not based on new cause of action, if it does not cause prejudice to the other side and if it is necessary for..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Earlier suit for declaration of title and permanent injunction - Suit decreed for declaration and suit for permanent injunction decreed partly but holding that plaintiff was not in possession - Subsequent suit for possession - Not barred...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Sale deed to be executed upto 4.5.1989 - Suit for injunction restraining vendor from selling property to anyone else Tiled in April 1989 - Suit for specific performance filed on 22.8.1989 - Held, by filing the earlier suit for injunction the vendee was not precluded from filing the suit for specific..........
